General terms and conditions

§ 1 Scope

(1) These general terms and conditions (terms) apply to all contracts between Wien IT Solutions, owner Nico Leon Wien, Hinter dem Anger 5, 42855 Remscheid, Germany ("contractor"), and its clients ("client") for IT services, in particular setting up, securing and looking after servers, mail servers, websites and game servers as well as IT help remotely and on site.

(2) They apply to consumers (Section 13 BGB, German Civil Code) and businesses (Section 14 BGB). Provisions that apply to only one of these groups are marked accordingly.

(3) Deviating terms of the client only apply if the contractor expressly agrees to them in text form. Individual agreements, for example in the offer, take precedence over these terms.

(4) If an order is placed and handled via a platform such as Fiverr, the terms of that platform take precedence. These terms then apply in addition, unless the platform terms provide otherwise.

§ 2 Conclusion of contract

(1) The presentation of services on this website is not a binding offer but an invitation to send an enquiry.

(2) After an enquiry, the contractor prepares an individual offer in text form, for example by email. The contract is concluded when the client accepts the offer in text form or the contractor confirms an order from the client in text form.

(3) If the offer does not state a deadline, the contractor is bound by the offer for 14 days.

(4) The contract can be concluded in German or in English.

§ 3 Services

(1) The type and scope of the services result from the offer. The contractor only owes services not mentioned there if separately agreed.

(2) Consulting, support and assistance billed by effort, such as IT help or ongoing support, are services. What is owed is professional work, not a specific result. If a specific result is agreed, for example a server that has been set up and handed over, the law on contracts for work applies.

(3) The contractor generally provides the services personally, usually remotely. On-site appointments are possible by arrangement.

(4) Software, services and hardware of third parties, such as open-source software, hosting providers or licences, are subject to the terms of the respective providers. The contractor is only responsible for their availability and freedom from errors if he has expressly assumed this. Costs for servers, domains and licences are borne by the client unless agreed otherwise.

(5) Dates and deadlines are only binding if they have been expressly agreed as binding.

§ 4 Client's cooperation

(1) The client provides all information, access and permissions required for the service in good time.

(2) Before work on existing systems, the client backs up its data, unless the backup is expressly part of the order.

(3) The client ensures that it is entitled to use the systems, content and access it provides. The client keeps access data received from the contractor safe.

(4) If the service is delayed because the client does not cooperate or does not cooperate in time, agreed dates are postponed accordingly. Any additional effort this causes may be billed by effort.

§ 5 Remuneration and payment

(1) The remuneration results from the offer, either as a fixed price for a project or by effort at the agreed hourly rate.

(2) As a small business within the meaning of Section 19 UStG (German VAT Act), the contractor does not charge VAT.

(3) Invoices are payable without deduction within 14 days of receipt.

(4) Instalments may be agreed for larger projects. Ongoing support is billed monthly unless agreed otherwise.

(5) Travel costs for on-site appointments are only charged if agreed in the offer.

§ 6 Acceptance of work results

(1) Where the law on contracts for work applies, the contractor notifies completion. The client checks the work and accepts it if it essentially complies with the contract. Acceptance may not be refused because of insignificant defects.

(2) The work is deemed accepted if the contractor has set the client a reasonable deadline for acceptance after completion and the client has not refused acceptance within this deadline, stating at least one defect. If the client is a consumer, this effect only occurs if the contractor has pointed out this consequence in text form together with the request for acceptance.

§ 7 Defects

(1) The statutory rights in the event of defects apply. For work results, the contractor first has the opportunity to remedy the defect.

(2) The client describes defects as precisely as possible so that the contractor can understand and fix them.

§ 8 Liability

(1) The contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) In the event of slight negligence, the contractor is only liable for the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the client may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

(3) In the event of slight negligence, the contractor is only liable for loss of data up to the effort that would have been required for recovery if the client had backed up its data properly and regularly. This does not apply if the backup is part of the order.

(4) These limitations also apply in favour of persons the contractor uses to perform the contract.

§ 9 Confidentiality and data protection

(1) The contractor treats all of the client's information and access data confidentially and only uses it to perform the order. This also applies after the end of the contract.

(2) If the contractor processes personal data on behalf of the client in the course of the work, for example when operating a server with customer data, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.

(3) After the end of the order, the contractor returns or deletes any access provided. He recommends that the client changes passwords he had access to.

(4) The contractor only names a project as a reference with the client's consent.

§ 10 Ongoing support: term and termination

(1) Contracts for ongoing support run for an indefinite period unless the offer states otherwise. Either party may terminate them with one month's notice to the end of a month.

(2) The right to terminate for good cause remains unaffected. Notices of termination must be given in text form.

§ 11 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for contracts concluded remotely or away from business premises. The details are set out in the information on the right of withdrawal.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contract is Remscheid, Germany.

(3) If any provision of these terms is invalid, the rest of the contract remains valid. The invalid provision is replaced by the statutory provision.

Last updated: October 2026